Particular Locations

This type of election has become the most widely utilized type of local option in Ohio because it authorizes the sale of beer, wine and mixed beverages or spirituous liquor in any manner and combination at a single particular business location within a precinct upon the filing of a petition by one of the following four (4) entities:

A permit holder,

An applicant for the issuance or transfer of a permit,

An applicant who seeks to operate a liquor agency store, or the operator of a liquor agency store for the state of Ohio,

An agent, so designated by any of those parties.

No one other than the holder of a liquor permit, applicant for the necessary liquor permit, operator of or applicant for a liquor agency store, or the designated agent of the holder, applicant or operator may petition for a particular business use local option election.

The procedure for Particular Business Use local option election differs significantly from other local options. The petitioner, who must be a party associated with the only premise to be affected by the election, must file with the board of elections Form 5-R (the completed petition), Form 5-N (Affidavit of Local Option Petitioner), and, if the petitioner is the designated agent of a permit holder, applicant, or operator of a liquor agency store, written evidence of that designation (see Filing the Petition).

There is not a notice requirement with respect to the Division of Liquor Control or to any other permit holder that might be located within the precinct, because only the location specified on the petition will be affected by the election. Like all other local options, the petitioner serves as the contact person for the local option issue and must provide his or her name and address to the board of elections, as well as sign all documents to be filed with the board of elections that pertain to the local option issue.

This type of election authorizes the sale of beer and intoxicating liquor at a specific location upon the petition of a permit holder, an applicant for the issuance or transfer of a permit, an applicant who seeks to operate a liquor agency store, or the designated agent of any of those parties. No one other than a holder or applicant for the necessary permit, operator of a liquor agency store, or the designated agent of the holder/applicant/operator may petition for a particular use election.

At the election, one or more of the following questions, as designated in a petition, shall be submitted to the electors of the precinct:

(1) “Shall the sale of (insert beer, wine and mixed beverages, or spirituous liquor) be permitted by (insert name of applicant, liquor permit holder, or liquor agency store, including trade or fictitious name under which applicant for, or holder of, liquor permit or liquor agency store either intends to, or does, do business at the particular location), a(n) (insert “applicant for” or “holder of” or “operator of”) a (insert class name of liquor permit or permits followed by the words “liquor permit(s)” or, if appropriate, the words “liquor agency store for the State of Ohio”), authorizing (insert “on-premise sales”, “off-premise sales”, or on/off-premise sales”) who is engaged in the business of (insert general nature of the business in which applicant or liquor permit holder is engaged or will be engaged in at the particular location, as described in the petition) at (insert address of the particular location within the precinct as set forth in the petition) in this precinct?”

Explanation: Question #1 (Form 5-R) allows or prohibits an individual business or potential business within a precinct to pursue the sale of beer, wine and mixed beverages and spirituous liquors under any combination of liquor permits for both on-premise and off-premise sales. If a business is, or will be located, in a precinct or portion of a precinct where the issuance of the applied for permits or agency operation is unlawful due to a prior local option election or the effect of the repeal of prohibition, Question #1 may be placed on the ballot to affect the issuance of those permits. Use of Form 5-R is restricted to liquor permit holders, applicants for liquor permits, operators of or applicants for state liquor agency stores or finally, the designated agent of any person or entity so permitted to use petition Form 5-R. To qualify, a liquor permit must be held or applied for by the petitioner. Or an agency contract must be held or sought from the state of Ohio by the petitioner. The results of a “Particular Location Local Option” will not be recognized by the Ohio Division of Liquor Control IF the language certified following the election is not IDENTICAL to the application on file with the state.

(2) “Shall the sale of (insert beer, wine and mixed beverages, or spirituous liquor) be permitted for sale on Sunday between the hours of (insert “ten a.m. and midnight” or “eleven a.m. and midnight”) by (insert name of applicant, liquor permit holder, or liquor agency store, including trade or fictitious name under which applicant for, or holder of, liquor permit or liquor agency store either intends to do, or does, business at the particular location), a(n) (insert “applicant for a D-6 liquor permit,” “holder of a D-6 liquor permit,” or “applicant for or holder of an A-1-A, A-2, A-3a, C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 liquor permit,” if only the approval of beer sales is sought, or “liquor agency store”) authorizing (insert “on-premise sales”, “off-premise sales”, or on/off-premise sales”) who is engaged in the business of (insert general nature of the business in which applicant or liquor permit holder is engaged or will be engaged in at the particular location, as described in the petition) at (insert address of the particular location within the precinct) in this precinct?”

Explanation: Question #2 (Form 5-R) allows an individual business or potential business within a precinct to pursue the sale of beer, wine and mixed beverages and spirituous liquors between the hours of 10:00 a.m. or 11:00 a.m. on Sunday under a Class D-6 Permit for on-premise sales, off-premise sales or both. If a business is, or will be located, in a precinct or portion of a precinct where the issuance of a D-6 for permit or State agency sales on Sunday is unlawful due to a prior local option election, Question #2 may be placed on the ballot to affect the issuance of those permits or expansion of that agency contract. Use of Form 5-R is restricted to liquor permit holders, applicants for liquor permits, operators of or applicants for state liquor agency stores or finally, the designated agent of any person or entity so permitted to use petition Form 5-R. To qualify, a liquor permit must be held or applied for by the petitioner. Or an agency contract must be held or sought from the state of Ohio by the petitioner. The results of a “Particular Location Local Option” will not be recognized by the Ohio Division of Liquor Control IF the language certified following the election is not IDENTICAL to the application on file with the state.

Please note: If only the sale of Beer is sought on Question #2, Form 5-R, application by the petitioner for a D-6 liquor permit is not necessary. No D-6 permit is required to sell Beer on Sunday.